MOHAMMAD USMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Patna High Court allowing the appeal filed by the State Government and convicting the appellant, Mohd. Usman, under Section 5 (3) (a) of the Indian Explosives Act, 1884 (IV of 1884) - hereinafter referred to as the Act - and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 2,000, in default to undergo rigorous imprisonment for a further period of six months. The High Court, however, agreed with the Magistrate that the appellant could not be held guilty under Section 304A, I. P. C. The High Court did not find the two other accused persons, Abdul Rahman and Abdul Aziz, guilty, and State appeals against them were dismissed.

(2.) The prosecution case, in brief, is that an explosion occurred in appellant's factory at Matkuria, P. S. Dhanbad, on April 28, 1960. As a result of the explosion Kashi Bhokta, Gobardhan Bhokta and Mohan Bour died. On that day, the appellant, who manufactures fireworks, had allowed minors (under 16 years of age) , viz., Kashi Bhokta, Guhi Bhokta, Gobardhan and Subhas Chamar to work in the manufacture of fireworks, thus contravening Rule 16 of the Explosives Rules, 1940 - hereinafter referred to as the Rules - made under the Act, and had thereby committed an offence punishable under Section 5 (3) (a) of the Act. The High Court, disagreeing with the Magistrate who tried the case, held that "the three minor boys Kashi, Guhi and Subhas, were employed and Gobardhan, in any event, was allowed to enter the premises licensed under the Rules for manufacture of explosives" in contravention of Rule 16, and convicted the appellant as already stated.

(3.) Section 5 (3) of the Act reads thus: